A Paralegal Or A Lawyer?

If you’re located in the City of Toronto and involved with a legal case (buying or selling real estate, bankruptcy issues, tax issues, family inheritance, business issues), the first thing that may come into mind is to look for an attorney. This is indeed a very natural way of thinking. Fortunately, there is a cheaper way to handle your legal issues – hiring a paralegal in Toronto.

You must not confuse a paralegal with a lawyer. A paralegal is someone who assists a lawyer in his legal works. Contrary to common belief, he is not in authority to provide legal advice. So for that particular service, you do need a lawyer.

But this shouldn’t disappoint you. A paralegal is specially-trained to execute a number of tasks that a lawyer normally does. So basically, if you are looking for a qualified individual to prepare some documents, research some legal cases or anything else that concerns your legal affairs, then your best option is hiring a paralegal.

A paralegal has a rooted knowledge on the way the legal system behaves. Paralegals have the necessary education to handle legal matters. They need to take a paralegal certification program where they go through months of training. Some opt for paralegal studies which take about two years to finish. The point is, you can certainly entrust your legal affairs to a paralegal as they are qualified to handle smaller cases.

The paralegal has training to create all the documents the court requires. If you only need the paperwork completed on a case, hire a paralegal who offers the same skilled services that you’d receive from an attorney. Many times the attorney has a computer program for specific forms or simply passes the work to an assistant and then charges you full price. A paralegal performs the same tasks at far less and often gives the matter more attention.

If you have to go into court for litigation, then you need an attorney. These cases are often more complicated. Smaller less complicated cases often can use the services of a paralegal. Check with paralegal services before you hire an attorney to see if they offer the legal services you require for your case.

When you secure the services of a paralegal, you need to follow certain guidelines to insure you’ve chosen the right person. Ask them for their work history or track record. If you find the paralegal spent several years working for a large legal firm, they are often better qualified because of on the job training with top attorneys. You also need to check their certification and schooling.

Lastly, do a preliminary interview so you know that the paralegal truly understands your legal affairs. If you can’t come into an understanding, then by all means look for another one. Toronto is a big place to look for a paralegal, it is certain that you will find one that is right for the position.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aparalegal toronto that specializes in the GTA area

Paralegal In Mississauga Canada.

When you are dealing with paralegals in Canada as opposed to the United States, the restrictions are much different. A Paralegal Mississauga could actually work in Ontario, Canada practicing law and offer legal advice. However, there are certain types of laws that can be practiced by them in this area.

You will find that legal advice and court appearances in the family law area are still prevalent amongst attorneys. Paralegals Mississauga on the other hand are still able to provide the same professional standards after they have passed the bar exam. Keep in mind there is a matter of experience that has to be practiced by paralegals in Canada.

A Paralegal in Mississauga is required to have a degree from an accredited college so they can be qualified to practice law. Although they are limited in a small number of areas they are also free to appear in court on behalf of traffic infractions, if they are not permitted to work in a certain area they will still assists an attorney in that area of law.

So it’s no surprise that Canada considers Paralegal Mississauga a part of the Canadian courts. Just by having the proper education it gives them specific qualifications that can help someone with minor matters. During their career they also have to attend Continuing Learning Education (CLE) classes to keep up to day with their educational requirements.

Just like a attorneys are governed, Paralegals Mississauga are as well. So they must provide a high standard of professionalism and learning to practice law, even if along side attorneys.

Since Paralegals in Canada are allowed to practice law in some areas there has been a significant increase in people obtaining degrees. The job market has opened up for Paralegal Mississauga since 2007 and allowed colleges and universities to offer Paralegal programs that would educate and equip those who want to return to school for a post-secondary degree or a chance to change career paths.

One of the most important things to remember is that it’s illegal for a Paralegal Mississauga to practice law in an area reserved only for attorneys. The good news is they can move over to certain arenas that attorneys practice in, which will allow a bit more freedom.

Another benefit is that Paralegals Mississauga can become notaries. So if they have to be a witness for a signature of documents, it is possible to hire their services. Some Paralegals Mississauga do charge for this to be done. When you’re a notary public in Canada you have a broader range of power as opposed to the USA. In fact, in Canada they can administer oaths if they so choose. Plus they can act as a Justice of the Peace, but there is some training required to get this title.

Before you hire a paralegal, make sure you check Melissa Weber website, she can help you in the Small Claims Court Toronto she specializes in the GTA area

What Happens If You Need To Go To Small Claims Court In Toronto?

Small claims courts, also known as county courts or magistrate courts depending on the jurisdiction in which they are located, have the standard function of trying civil cases between private litigants regarding matters of money that are not large in value. This type of court can incorporate other functions and in Toronto, this is no different. It should be noted that small claims courts operate separately from superior courts.

If you need to present a case in small claims court, the monetary value of your case can’t exceed $25,000. Small claims court cases can include such things as disputed wages, wages earned from an employer but not paid, landlord or tenant disputes, unpaid wages from services provided like plumbing and electrical work, and the like. For example, clients may refuse to pay for services rendered if they think service has been substandard; these types of matters are often settled in small claims court.

If you need to file a claim in small claims court, first, attempts to settle things yourself. You must have proof that you’ve tried to do so, and if you don’t, the court is going to penalize you. Try to negotiate an amicable solution with the other party in your case first. If you try for a month and have come to no solution, you’ve met your legal requirement. If that happens, write down everything you know about your case, and contact a lawyer. Your lawyer will work on your behalf, presenting this information to the court. In addition, you’ll need to tell the other party that you’re going to go to court to resolve this.

There are some things you need to bring with you to present your case before small claims court. First, prepare two copies of your claim, one for yourself and then one for the court. You’ll also need to pay a court fee to file a claim. This claim form is served to the defendant. You can do this yourself if you wish once the court has stamped the document. There’s other documentation as well that’s involved in the small claims process.

Once the court decides to hear the case, you will need to wait for notification for a final hearing. You will also be required to send copies of the documents you will be presenting at least a fortnight before the hearing takes place. Failure to do so will result in your case being postponed and as a penalty, you may have to incur all the costs of the suit. Your legal representation should assist you through these procedures and advise you accordingly. The court will then set the date for a hearing. If you will not be able to attend the hearing, you need to put this in writing, stating your reasons before sending it to the court.

It can be very frustrating indeed if you don’t have proper legal representation. When the verdict is handed down, it is deemed final. It’s not subject to appeal unless an irregularity has been found in the proceedings or the court did not adhere to the law as it pertained to claim. Only a good lawyer is going to be able to help you find your way through this process. If the defendant is a cooperative, and refuses to cooperate with the court’s ruling, you’ll waste your time and money in small claims court and may force transfer to a higher court. Besides that, you may lose out on monies owed you that were the original subject of your claim. Because of that, it’s very important that you get a good lawyer so that you don’t experience these difficulties.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aSmall claims court that specializes in the GTA area

Why Everybody Is Doing This 5 Deadly Mistakes At The Small Claim Court?

5. Self represented parties sue the wrong person or entity! This is a common and fatal error that self-represented parties make time and time again. When you sue a person or a business, it is of the utmost importance that you sue the correct legal entity. For example, if you sue your neighbor whom you know as “Joe Smith”, you must be sure that “Joe Smith” is his full legal name. Otherwise, you may later come to find out that his legal name is in fact Joseph Smith or Joe Thomas Smith”. If you did not use the correct legal name in the lawsuit, it will be impossible to try to enforce your judgment against him. Alternatively, you may want to sue your florist who you know as “Flowers R Us”. However, the correct legal entity behind Flowers R Us is in fact 123456 Ontario Inc. If you sue “Flowers R Us” instead of “123456 Ontario Inc.”, you will likely not be able to enforce a judgment against them. A licensed paralegal will automatically perform all necessary searches to determine the correct legal name of the person or business that you are suing!

4. Including too much Information when you are Self-Representing. Making sure you have the proper information is important as well. If you have too little or too much information present it can play a major role on the actual outcome. Those who try to provide too much information will only frustrate the judge. This is because there are only certain facts they need to know. Then again, if you don’t have enough info then the ruling could end up in your opponent’s favor. Listen, you don’t need a four or five page description of the events. You also need to make sure you have exactly what you need to be successful in the courtroom. Leaving out details can end up making you lose money. A great example of this is when people sue for breach of contract. Understanding the agreed upon amount in the contract is important and you must provide details that revolve around it. If you sit there and explain what you’ve paid to this point and when you made each payment, the judge will still revert back to the original contract. When you utilize licensed paralegals you can narrow down the problems throughout and present the case accordingly. In fact, paralegals will even plead your case before you even step foot in the courtroom.

3. Self represented parties do not know the law! Knowing the law and how to apply it to various situations is different from knowing when a cause of action arises. People generally know when a wrong has been committed against them for which they can seek remedy through the courts. However, knowing the law and which legal arguments apply to a situation is an entirely different matter all together. There are often times when you cannot ask the court for certain legal remedies or rely on certain defences if you have not included them in your initial claim or defence. This can result in unfavorable judgments or orders against you. A licensed paralegal will know how to argue your case in a legal context and which arguments to notify the other parties of in advance of the hearing so as to not deprive you of any of the rights and remedies that are available to you!

2. A self represented does not know the Rules of the Small Claims Court. The Small Claims Court is governed by, among other things, the Rules of the Small Claims Court. The Rules are quite lengthy and govern all aspects of a proceeding including forms, service, evidence, timelines, fees etc. A self-represented party will often find themselves overwhelmed by the rules of a proceeding, let alone the actual case itself. For example, the rules pertaining to evidence require all parties to exchange documents thirty days before trial, otherwise it may not be admissible in court. Many self-represented parties serve their evidence on the opposing party after the 30 day deadline, or sometimes they show up with the evidence at trial without having served it on the opposing party at all. Situations like this can be devastating to your case. The judge may not allow you to rely on evidence that has not been served properly, which may be fatal to you. The judge may also adjourn the trial to a new date in order to give the opposing party time to review the new evidence. This can cause a great deal of delay in a case and can frustrate the proceeding. A licensed paralegal will be fluent in the Rules of the Small Claims Court and will be in a much better position to move your matter forward in accordance with those rules. You will not experience the same amount of delay and overwhelming sense of confusion as you would if you were to be self-represented; your paralegal will explain each step to you and will take on the responsibility of complying with the rules, so you wont have to!

1. A Self-Represented Party is SELF-REPRESENTED. After reading everything above, it’s probably no surprise that this is the #1 problem. When you don’t understand all the laws or how to work your way around a courtroom, the end result is almost always a negative one. There are several different twists and turns that you have to think about before you even begin your defense. What it comes down to is you can’t show up to court and believe that telling the truth is going to be enough. While honesty is important, it’s definitely not enough. However, you can represent yourself in any court; not just the small claims court. Most people try to represent themselves in this setting because they think it’s the easiest place to win. Did you consider that the laws out there can protect the other party as well? What if they have a licensed paralegal in their corner? This could definitely spell trouble if you’re only representing yourself. We’ve seen several people come through our doors over the years who failed miserably at representing themselves. Often times it’s because they don’t have the money to hire a paralegal. This is understandable, but it’s well worth investing in one because over the long haul they could save you thousands upon thousands of dollars if you win the case. It’s a small price to pay in the beginning for seeing the light at the end of the tunnel.

Before you hire a lawyer, make sure you check Melissa Weber website, she is aparalegal toronto that specializes in the GTA area

Mark Cella A Bit About Common Law

Mark Cella What About Common Law?

Common Law in the USA is the Ghost of English Feudalism. America is Thought to be Based on a Fair Legal System but the Tyranny of Old England Lives on in Our Laws Today.

Common law in the USA is the injustice of the legal system that guards property for the banking mafia. Despite the Founding Fathers having sought a systemic change to get out from under the oppressive reign of the English crown, injustice lives on today.

In the 21st Century, this is still the case. US law in the new millennium is still based on common law from pre-colonial England.

Some of the essence of laws considered to be sacred in the United States actually date back to feudalist England in the 12th Century as is explored by S.F.C. Milsom of Cambridge University in his 2003 book, Historical Foundations of the Common Law and Legal Framework of English Feudalism.

Mark Cella a Bit About Common Law

These laws were ‘discovered’ in feudal courts onward based on arguments and the practical decisions of judges in a trial and error basis. In other words, in the US today, the legal system is based, in part, on what the feudal lords and later the Englishmen convinced judges based on the individual interests of accused and plaintiffs at the time.

This contradicts the idea that the modern legal system is based on the common good or on improving society; it is based on a literal trial and error process that began in the 12th Century with the signing of the Magna Carta, where the basic but limited notion of freedom first appears.

The defense of property and the rights of property as a fundamental principle, outweighed any implicit rights for human beings.

From then onwards, common law in the USA and other laws continued to be developed in a process of expanding the rights of defending individual property and the rights of property holders. Thus, naturally evolving over time into the laws of the modern US capitalist society.

Mark Cella What About Common Law?

The common law system of judges ruling based on custom, or legal precedent has evolved in the United States. Common Law in the USA has been mingled and mixed with a system of equity law over the past two centuries.

Equity Law also comes from England where it was created by the Crown in order to address matters not covered under existing common law. It seeks equity or justice through a set of principles and codes. Common Law in the US also lives alongside a set of codes and principles that are theoretically aimed at leveling the playing field and protecting the weakest.

However, even in a mixed system, the court’s prerogative to stick with custom rather than set precedent in most cases means that common law, which privileges the propertied, usually wins out over laws having to do with moral imperatives and the concept of justice.

This concept, justice, is an abstract concept; yet it is primordial to any society that truly seeks to promote an equality of freedoms.

Mark Cella on Common Law

A series of documents, which on the whole are referred to as the ‘Freedom Charter,’ laid the basis for the foundation of the United States. These documents, drafted and signed by the founding fathers that led the movement to secede from England, are the Declaration of Independence the US Constitution and the Bill of Rights (the first amendments to the US Constitution).

The first of these documents discussed certain inalienable rights of equality that it considered self-evident. The second document laid out the three branch government and its functions, clearly seeking to place greater power, that of making law in the most representative of those branches, the U.S. Congress.

The third was the judicial system, charged with interpreting the law. The third, and no less important of the documents, provided for a number of basic rights of citizens intended to guarantee against dictatorship and protect citizens from the whims of the State overstepping its power.

Mark Cella a Bit About Common Law

Common Law in the USA, as in England, has always evolved to meet new circumstances. But a legal system based in custom or in past behavior can also be an obstacle to change and improving society.

The new society that the founding fathers sought to create based on representation, freedom and equality was stillborn on the American Continent. It was held back by a legal system based in the protection of property.

Today, for real change to occur, common law in the USA does not hold the solution. A new legal system based on the future must be created to eliminate the ghost of English feudalism that plagues the American judicial system that only protects the dominant economic order.

Learn more about Mark Cella. Stop by Mark Cella’s site where you can find out all about performing arts: Mark Cella.

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